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Justice reform in Latin America :

Justice reform in Latin America :. Why is it so difficult ? Luis Pásara WWCIS – May 1, 2012. Obstacles originated in the reform projects . The problem of knowledge : diagnosis; evaluation; dissemination; no theory; no process of learning. poor definition of reform agenda

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Justice reform in Latin America :

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  1. Justicereform in LatinAmerica: Whyisit so difficult? Luis Pásara WWCIS – May 1, 2012

  2. Obstacles originated in the reform projects • The problem of knowledge: diagnosis; evaluation; dissemination; no theory; no process of learning. • poor definition of reform agenda • difficulty to anticipate effects of changes • ignorance of what already has been tried = repetition of mistakes.

  3. Obstacles originated in the reform projects • The problem of strategy: lack of a clear definition of objectives, priorities and timing. What should be the responsibility of the state’s justice system and what should not? • Lack of sustained leadership in the reform processes and in the institutions under change.

  4. Resistances encountered by the reforms • Every actor of the justice system foresees the personal risks entailed by the reform process. • Most actors in the system consider themselves possible losers as a result of the changes. • Politicians don’t anticipate benefits from the reform. Parties don’t make an issue of it. • Powerful elites are not directly affected by the justice system conditions. They solve their problems their own way.

  5. The reform has no constituency • The average citizen resents the justice system. • Law functioning lacks transparency: only lawyers may keep control on what is going on. • Public demands on the subject claim for “manodura”, not for a democratic justice system. • At the end of the day, a civic and legal culture supports what the justice systems are. • How to change that culture?

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